Res 2017-073/Berry Aviation lease

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America and, as applicable, the State of Texas. In connection with such sponsor assurances, a list of which is set forth in Exhibit D attached hereto, Lessee agrees that this Lease and Lessee's rights and privileges hereunder shall be subordinate to such sponsor assurances. 1.06. Ingress and Egress. Lessor agrees that Lessee, its officers, directors, agents, representatives, contractors, employees, invitees and licensees shall have the right of ingress and egress to and from the Leased Premises by means of roadways owned by the City for automobiles and taxiways at the Airport for aircraft, including access during the construction phase of Airport improvements, unless otherwise agreed to in writing by both parties. Such rights shall be consistent with the Rules and Regulations, applicable laws and regulations of the City, the Federal Aviation Administration ("FAA") and other governmental authorities with jurisdiction over the Airport and this Lease. ARTICLE 2: COMMENCEMENT TERM AND RENT 2.01. Commencement. Rental ("Rent") shall accrue commencing upon the Commencement Date (as defined below). Rent shall be payable at the place designated in Section 2.04. 2.02. Term. The term of this Lease ("Terni") will commence on April 18, 2017 (the "Commencement Date") and will terminate on April 18, 2057 (the "Expiration Date"), subject to earlier termination or renewal as provided herein. As used herein, "Lease Year" means each period of twelve (12) full calendar months from and after the Commencement Date. 2.03. Rent. During the Term, Lessee hereby promises and agrees to pay Lessor Rent for the Leased Premises on a "per square foot per Lease Year" basis, as follows: Commencement Date through Lease Year 5: $8,056.00 Lease Year 6 through Lease Year 10: $8.861.60 Lease Year 11 through Lease Year 15: $9,667.20 Lease Year 16 through Lease Year 20: $10,875.60 Lease Year 21 through Lease Year 25: $11,681.12 Lease Year 26 through Lease Year 30: $12,889.60 Lease Year 31 through Lease Year 35: $14,098.00 Lease Year 36 through Lease Year 40: $15,709.92 Rent shall be paid in equal monthly installments, initially in the amount of $8,056.00; Rent will be prorated in the event of any partial month. Lessee, at its option, may make advance payments of Rent up to one (1) year in advance, but there will be no discount for advance payments. Lessee agrees to pay the first (prorated, if applicable) Rent installment within three (3) business days after the Commencement Date. Such payment shall be credited against Rent due for the first month in the Term. 2.04. Form and Place of Past. The monthly Rent shall be due on or before the first day of each calendar month. A payment shall be considered past due if, after the fifth (5t'') day of the month in which the payment is due, Lessor has not received full payment by the end of such day (which shall end during normal working hours) physically at 4400 Airport Highway 21, San Marcos, Texas, or by mail to 1807 Airport Drive Suite 200, San Marcos,